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Legal YR11 terms > Part 1: Basic legal concept > Flashcards

Part 1: Basic legal concept Flashcards

nature and function of law (examination of law-making processes & institutions)

1
Q

Meaning of law

A

rules established by the government to protect society

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2
Q

Customs

A

expected behavioural patterns

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3
Q

Rules

A

boundaries placed on specific branches of society

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4
Q

Laws

A

affect all of society equally & enforced by the legal system

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5
Q

Ethics

A

judgement on what are rightful doings in a situation

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6
Q

Values

A

feelings & principles & attitudes a society/individual holds as being important

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7
Q

Equality

A

same rights or status

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8
Q

Fairness

A

freedom from bias, dishonesty or injustice

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9
Q

Access

A

right/opportunity to make use of something

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10
Q

Procedural fairness

A

must be fairness in the processes that resolve disputes

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11
Q

Natural justice

A

everyone should be treated fairly under the law
- right to be heard
- right to unbiased decision-maker

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12
Q

Rule of law

A

no one is above the law

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13
Q

Anarchy

A

chaos and disorder due to the absence of rules & laws

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14
Q

Tyranny

A

single leader has absolute power of country or state

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15
Q

Equity

A

decisions based on justice & idea of fairness

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16
Q

Precedent

A

judgement used in later legal decisions

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16
Q

Binding precedent

A

lower court follows decisions of higher court

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17
Q

Persuasive precedent

A

influenced by courts of a similar level

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18
Q

Ratio decidendi

A

reasoning that drives the final decision

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19
Q

Obiter dicta

A

opinion is not essential to final decision & not legally binding

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20
Q

Inquisitorial system

A

judge leading the discovery and presentation of evidence

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20
Q

Adversarial system

A

each side of a case gathering and presenting their own case

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21
Q

Mandamus

A

compel gov/official to do a task

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22
Q

Injunction

A

prevent an individual/organisation from doing an action

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23
Q

Prohibition

A

court order prent lower court’s involvement in a case

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24
Q

Appellate jurisdiction

A

hear appeals from lower courts

25
Q

Original jurisdiction

A

hear a case for the first time, held by all courts

26
Q

Appeal

A

challenge of legal decision made

27
Q

Legally binding

A

agreement is valid therefore enforceable

28
Q

Prosecution

A

prove BEYOND REASONABLE DOUBT

29
Q

Mediator

A

independent 3rd party

30
Q

Magistrate

A

hears case, decides verdict & sets punishment (limited authority compared to judge)

31
Q

Local court

A

magistrate, criminal & civil cases, minor disputes, summary offences, indictable offences (only if enough evidence)

32
Q

District court

A

heard by judge, more serious civil cases, motor accidents = claiming $100k-750k

33
Q

Chief justice

A

presiding justice of the High Court of Australia

34
Q

Supreme court

A

serious criminal cases & civil cases with claims over $750k

35
Q

High Court of Australia

A

no jury, 7 judges (chief justice & six justices) = interpretation of the constitution

36
Q

House of Representatives

A

lower house & most new legislation (bill) starts here

37
Q

The Senate

A

upper house & reviews legislation proposed by the House of Representatives

38
Q

Governor

A

representative of the queen in Australia

39
Q

Statue law

A

body of principles & rules of law laid down by statues

40
Q

Division of powers

A
  • legislative (federal make laws)
  • concurrent (state & federal make laws)
  • exclusive (powers of federal parliament)
  • residual (powers of state)
41
Q

Separation of powers

A
  • legislature (lawmakers)
  • executive (ministers & departments administer the law)
  • judiciary (courts & judges apply law)
42
Q

Customary law

A

principals & procedures developed in accordance to customs of people/nation/group of nations

43
Q

State sovereignty

A

right for independent nation to govern itself & free from the interference of other nations

44
Q

United Nations

A

the principal aim of maintaining world peace

45
Q

Intergovernmental organisations (IGOs)

A

organisations that represent the government

46
Q

Non-government organisations (NGOs)

A

representing a variety of special-interest groups

47
Q

Public law

A

law governing the relationship between individuals & the government

48
Q

(public) Criminal law

A

rules which certain acts are punishable

49
Q

(public) Constitutional law

A

focus on governing executive, legislative & judicial ENSURES RULE OF LAW

50
Q

(public) Administrative law

A

actions of IGOs to NGOs

51
Q

Internal review

A

done by someone in the same agency

52
Q

External review

A

done by someone outside of the agency

53
Q

Judicial review

A

done by courts

54
Q

(private) Contract law

A

deals with the recognition & enforcement of contracts

55
Q

(private) Tort law

A

deals with civil wrongs
1. negligence
2. trespass
3. nuisance
4. defamation

56
Q

(private) Property law

A

deals with ownership rights of individuals

56
Q

Summary hearings

A

in lower court, all evidence heard & final decision made before magistrate

57
Q

Trial by jury

A

jury makes verdict (apply law & question the fact) –> if indictable offence = jury & judge make decision

58
Q

Civil matters

A

dispute is between 2 or more parties (no relation to state)

59
Q

Criminal matters

A

between accused & state

60
Q

BURDEN OF PROOF

A

responsibility of a party to prove a case in court

61
Q

Native law

A

refers to rights of Aboriginal & Torres Strait Islander peoples to ownership & accessibility to the land

Legal YR11 terms (2 decks)

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